Schedule III Controlled Dangerous Substances (“CDS”)

Schedule III Controlled Dangerous Substances in New Jersey

Schedule III controlled dangerous substances (CDS) are drugs and other substances that have been designated as having moderate potential for abuse under New Jersey law. While possession and distribution of Schedule III CDS is illegal without a valid prescription, the penalties are less severe compared to Schedule I and Schedule II substances.

What are Schedule III Drugs?

Schedule III drugs have an accepted medical use and less potential for abuse than Schedule I and II substances. However, abuse of Schedule III drugs may still lead to moderate physical or psychological dependence.

Some examples of Schedule III CDS include:

• Anabolic steroids
• Codeine and hydrocodone products combined with non-narcotic ingredients like acetaminophen or aspirin
• Some barbiturates like amobarbital and secobarbital
• Ketamine
• Lysergic acid
• Marinol (dronabinol)

Under N.J.S.A. 24:21-7, New Jersey’s Controlled Dangerous Substances Act, the state Director of Consumer Affairs is tasked with scheduling substances based on their potential for abuse, accepted medical use, and history of abuse. Schedule III placement is appropriate when a substance has less potential for abuse than Schedule I or II drugs, has an accepted medical use, and abuse may lead to moderate dependence.

Penalties for Schedule III Possession

Simple possession of a Schedule III substance without a valid prescription is a disorderly persons offense in New Jersey. This carries up to 6 months in jail and a fine of up to $1,000 [N.J.S.A. 2C:43-3(c)].

Possession of less than one ounce of marijuana or five grams of hashish is a disorderly persons offense. Between one ounce and five pounds of marijuana or five grams and one pound of hashish is a fourth degree crime punishable by up to 18 months in prison and a fine of up to $10,000 [N.J.S.A. 2C:43-6(a)(4)].

Possessing Schedule III CDS within 1,000 feet of a school zone leads to a mandatory 100 hours of community service plus the penalties for disorderly persons possession. Possessing near public housing, parks, or libraries leads to an additional minimum fine of $500 [N.J.S.A. 2C:35-7.1].

Penalties for Schedule III Distribution

The sale or distribution of Schedule III CDS is more severely punished. Distribution of less than one ounce of marijuana or five grams of hashish is a fourth degree crime. Between one ounce and five pounds of marijuana or five grams and one pound of hashish is a third degree crime punishable by 3-5 years in prison and a fine of up to $35,000 [N.J.S.A. 2C:43-6(a)(3)].

Distributing any Schedule III CDS besides marijuana or hashish in an amount of less than one ounce is a third degree crime. One ounce to five pounds is a second degree crime with a sentence of 5-10 years in prison and a possible fine of up to $150,000 [N.J.S.A. 2C:43-6(a)(2)].

Distributing Schedule III CDS within 1,000 feet of a school zone leads to a mandatory minimum sentence of one-third to one-half the sentence, or three years, whichever is greater. This is in addition to the penalties for distribution [N.J.S.A. 2C:35-7].

Defenses to Schedule III Charges

There are several defenses that may apply in fighting Schedule III possession or distribution charges:

• Valid prescription: If the defendant had a valid prescription for the Schedule III substance from a licensed medical practitioner, then they cannot be convicted of illegal possession. However, prescriptions can only be filled by licensed pharmacists, not third parties.
• Lack of knowledge: The prosecution must prove the defendant knowingly or purposely possessed the CDS. If the drugs were left in their car or home by someone else without their knowledge, then this element is not met.
• Misidentification: The substances found may have been incorrectly identified as a controlled dangerous substance. Retesting of the material may show that it is not actually a scheduled drug.
• Entrapment: Undercover officers induced the defendant into committing a crime they otherwise would not have. Merely providing an opportunity to commit a crime is not entrapment.
• Self-defense: Distribution of drugs may have occurred under duress or due to threats from a buyer. Self-defense only applies when the defendant reasonably believed force was necessary to prevent imminent bodily harm.

If you have been charged with possessing or distributing a Schedule III substance in New Jersey, an experienced criminal defense attorney can advise you on the best defense strategies given the specifics of your case. Don’t hesitate to contact an attorney for help fighting the charges.